Adopted stepchild to immigrate in the US

[skippynutella 9]

Hi,

I'm in the process of adopting my 13-year-old stepdaughter. She was born out of wedlock but has been raised by my in-laws because her mother voluntarily gave her to them when she was little and my husband immigrated to the US when she was about 2 years old. Both my husband and I are US citizens and have been married for 7 years and have 3 kids. My husband was the one who petitioned me. Recently, my in-laws immigrated here in the US and my stepdaughter had to live with her mother for the first time since she was born. In the past, she would just visit her and was never responsible in caring, raising, or even support her financially. Once she moved with her mother she started abusing her physically. We would send her monthly allowance but her mother would get the money and hurt her if she wouldn't give it. My stepdaughter would report to us the bruises and abuse she's dealing with her. Right now, we're in the process of consulting with an adoption attorney in the Philippines. We have just arranged for her to be moved and now she's with my husband's aunt. She agreed to take her in temporarily while we're fixing her papers. My stepdaughter's mother told us that she would sign the adoption papers voluntarily once it's ready. My heart goes out to her and I would love to be her mother so that she would be free from her horrible biological mom and be able to be a part of a loving family once we're able to get her here in the US.

My questions are: how do we start processing her immigration papers once the adoption in the Philippines has been finalized? Do we file a I-130? IR2? What is the fastest possible route for us to get her? The lawyer said it would take about 6 months for her adoption to be finalized. We would want to get ready by now on our next steps. Thank you in advance to anyone who answers.

[skippynutella 9]

By the way, this is my cousin's visajourney account and she was the one who recommended this forum. Hopefully we would be able to know the fastest and effective route to petition her. Thank you so much.

[EmilyW 1,226]

From what I can gather, you can't adopt and then immediately seek to sponsor her for immigration.  

 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Intercountry-Adoption-Country-Information/Philippines.html

 

Edit: it might be easier for you to sponsor her as your step-daughter, or her father to sponsor her as his daughter, without worrying about the adoption part?  

Edited August 14, 2022 by EmilyW

[Crazy Cat 39,354]

Immigration and adoption are two separate processes.  It is very complicated.  You need a good attorney who is well versed in both. 

[jan22 2,900]

I'm a little confused by your post. 

 

Your husband is the biological father of the child, correct?  If so, there is no need for you to adopt her to bring her to the US -- that will be a very long, difficult process.  As long as the mother agrees to her immigration, you can petition her as a step-daughter or your husband can petition her as she is his daughter -- IR-2 either way.  There may be a delay in the case to prove paternity (via DNA, if necessary), but it would still be faster than waiting for the adoption and meeting all of the immigration requirements.

 

Or have I completrly misunderstood the situation?

[skippynutella 9]

That is correct. My husband is the biological father. The adoption could also be used as purpose for immigration if it would be faster than proving paternity, if not, as means of my stepdaughter to be free from her abusive mother.

[Boiler 43,564]

2 minutes ago, skippynutella said:

That is correct. My husband is the biological father. The adoption could also be used as purpose for immigration if it would be faster than proving paternity, if not, as means of my stepdaughter to be free from her abusive mother.

Your husband petioning her as his daughter would be quickest. Not quick obviously this is a relative term.

[Family 3,521]

30 minutes ago, skippynutella said:

That is correct. My husband is the biological father. The adoption could also be used as purpose for immigration if it would be faster than proving paternity, if not, as means of my stepdaughter to be free from her abusive mother

Since you already live in the US , you cannot do a “ local “ Philippines adoption that would qualify for immigration filing because you won’t meet the 2 years physical and legal custody requirements , and inter country adoption per Hague Convention rules is complex, expensive , not DIY friendly and not fast.

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Intercountry-Adoption-Country-Information/Philippines.html

 

Have your husband file the I-130 for the child as DNA is a fast process ( a few weeks at most) and he can submit DNA at filing instead of waiting for an RFE , as soon as you file the I-130 and have a case receipt number. 

https://cliniclegal.org/resources/family-based-immigration-law/frequently-asked-questions-about-dna-testing

 

 

[Mike E 11,723]

No adoption  needed at this stage.  
 

Father petitions daughter. Since the father is a US  citizen, provided  the daughter enters the USA on her immigration visa before age 18, daughter will automatically beck e a U.S. citizen.  This further simplifies the process:

 

* no I-864 needs to be filed. File I-864W instead. 
 

* no need to pay the green card fee.  
 

Immediately apply for a U.S. passport and passport card when she arrives,  File N-600 once the passport and passport card arrive. 

[arken 4,197]

If the mother of the child doesn't want to send her to the US, you will face issues anyway whether going via adoption or via your husband petitioning for her. If she is ok with it, your husband petitioning for her directly is much quicker than going thru adoption process.

 

Does she have a birth certificate listing the parents name? Has your husband been listing her as his daughter in all immigration forms when petitioning you? If so it would be  much easier. If none, DNA testing may be required.

 

Edited August 14, 2022 by arken

[Timona 3,950]

This case is about to pass the smell's test.

 

Why would you petition her if husband is the dad? Even if you do adopt, while filing I-130 it asks where both parents live. Embassy will have a field day when they find out that dad is a USC and is where the young girl is headed to. Additionally, BC will list his name. Question from Embassy will be "why adopt your own daughter? He can easily file I-130."

 

Fire the attorney for even wanting to proceed with adoption yet the kid has a dad as explained above. 

[Mundo254 47]

3 hours ago, arken said:

Has your husband been listing her as his daughter in all immigration forms when petitioning you? If so it would be  much easier. If none, DNA testing may be required.

 

If not, questions may still arise if he knew he had a daughter at the time the forms were being filled. 

[Boiler 43,564]

The spouse could adopt her husbands daughter, that happens.

 

But there is so much going on and then the spouse has the 2 year requirement so even if this works, 5 years?

 

Most PI cases I see only the mother is on the BC, seems the normal situation.

[skippynutella 9]

On 8/14/2022 at 6:47 AM, Family said:

Since you already live in the US , you cannot do a “ local “ Philippines adoption that would qualify for immigration filing because you won’t meet the 2 years physical and legal custody requirements , and inter country adoption per Hague Convention rules is complex, expensive , not DIY friendly and not fast.

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Intercountry-Adoption-Country-Information/Philippines.html

 

Have your husband file the I-130 for the child as DNA is a fast process ( a few weeks at most) and he can submit DNA at filing instead of waiting for an RFE , as soon as you file the I-130 and have a case receipt number. 

https://cliniclegal.org/resources/family-based-immigration-law/frequently-asked-questions-about-dna-testing

 

 

So we have decided to hold off the adoption until my stepdaughter comes here in the US. We will be going with this route (filing I-130) and submit DNA before RFE.

Would the process be IR2? We would want to be able to know and study the process before we file I-130 so that everything goes on smoothly.

I appreciate everyone who has replied to advice and would be replying further in this thread. Thank you so much!

[Mike E 11,723]

8 hours ago, skippynutella said:

So we have decided to hold off the adoption until my stepdaughter comes here in the US. We will be going with this route (filing I-130) and submit DNA before RFE.

Would the process be IR2? We would want to be able to know and study the process before we file I-130 so that everything goes on smoothly.

I appreciate everyone who has replied to advice and would be replying further in this thread. Thank you so much!

The process is described here:

 

and here: